Newspaper Page Text
HAYWOOD CASE Heated Argument as to Admissibil ity of Conspiracy Evidence. SARCASM LEADING FACTOR Case Cannot Go to Jury Until Court Ren ders Decision--Trial Nearing End. Boise, Ida., July 18.-A day of ar gument on the admissibility of points of evidence followed the announce ment from the defense that they had no further witnesses to offer in be. half of Wmin. D. Haywood. The jury was not brought into court, Judpt Wood having been informed by coun sel of their decision to rest without offer of sur-rebuttal. 'Clarence Darrow spoke for an hour and a half at the morning session. Senator Borah re ported in the afternoon and was fol lowed by H. F. Richardson. 'Judge Wood will possibly announce his decision tomorrow morning. The point argued was the petition to ex clude from consideration by the jury the excuse offered by the defense to show, by proof of deportation of min ere from and the employment of de tectives in the Cripple Creek district of Colorado, that a conspiracy was formed among the mine owiers and the citizens of the district to prevent the employment of the members of the Western Federation of Miners. The position taken by the Haywood defense was that Harry Orchard was employed by the mine owners, through detectives, to commit crimes which were then charged to the federation and public opinion thus aroused against the union workers, and the evi dence from Colorado and the state was admitted. The reply of the state was that the defense had failed legally to connect their case in these particu lars. In the absence of the jury, the ar gument gave counsel an opportunity to take a wide range in commenting on the methods employed on both sides. Mr. Darrow was impassioned and vituperative. He bitterly assailed Orchard and "the Pinkertons. He maintained that Orchard's story con necting Haywood and the Western Federation of Miners with the various crimes to which he has confessed had hot been 'corroborated; that the Vin dicator mine explosion was an acci dent; that the Independence depot ex plosion, where 24 men were killed, was planned by K. C. Sterling and D. C. Scott, railroad detectives, and that the Pinkertons sent men into the dis trict to join the union and incite the members to riot and disorder. Incl dentally, he said the Bradley incident in San' Francisco was due to an ex plosion of gas as shown by the evi dence, and that Haywood had not been connected at any period with any of the overt acts confessel by Orchard except by the discredited tes timony of Orchard himself. Senator Borah confined himself largely to the legality of the question of admissability. 'He spoke for an hour, forcibly reviewing the evidence and claims made by the defense which he said failed to show by any member of the alleged conspiracy between' the mine owners and the Pinkertons that any such conspiracy existed. He took. the position and quoted authorities to show that a conspiracy can only be considered after the introduction of evidence. Nudge "Wood stated that although he was feeling badly he would preside tomorrow. 3. J. HHawley will open the argu ment for the state at 10 o'clock tomor row morning. It is expected that he will take the 'entire day. Mr. Rica ardson, for the defense, will speak Saturday. The defense in the Haywood* case rested immediately after court opened this morning and without calling, a single witness in sur-rebuttal. Judge Wood announced that the opening ar gument for the state to the jury would be made tomorrow'.morning.by Attor ney James ILH. Hawley. The jurywas not brought into court today, the day .~eing given over to the consiaer.tioA"of instrlutions to be girea th 12 men who bay. the lie or the defendant in their hands. On the subject, Judge Wood heard the views of opposing counsel, who were request ed to give their opinions as to the ma teriality of the evidence showing de portations and the employment of de tectives by the mine owners and cit izens of Colorado. Clarence Darrow was the first to speak today. His speech was preced ed by a brief announcement on the part of Senator Borah that the state would not oppose the striking out of that part of Harry Orchard's testi mony which dealt with his talk with Steve Adams and Pettibone as to Adams going into north Idaho and "getting rid, of some claim jumpers." Judge Wood called attention to this testimony yesterday and indicated that he did not believe it had been connected up in any way whatever with Defendant Haywood. "We objected to that testimony when it was admitted," declared Mr. Darrow, for the defne, "aniid weldo not think that striking it out now will right any wrong that was done by it. We will not ask that it be stricken out." "But you will not obfect to the court instructing the jury with reference to it?" asked Judge Wood. "No, sir; we can't do that," replied the attorney, "and while I do not at this time criticise the court for the latitude it allowed the state, but there seems to be no disposition to limit its testimony in any particular as to some great conspiracy by the Lord only knows who." Beginning with the Coeur d'Alene troubles of 1890, Mr. Darrow called the court's attention onice more to the fact that Wm. D. Haywood at that time had nothing to do with the gen eral organization of the Western Fed eration of Miners, but was an ob scure member of a local union in Sil ver City, many hundreds of miles from the scene of the disorders. As to the employment of detectives, Mr. Darrow declared that most or prac tically all of the testimony submitted was secured by Pinkertons and it would be impossible. to disarrange them and their methods from the is sue. Taking up Orchard's crimes as confessed by him, Darrow said the defendant at the bar was compelled, in refutation of a charge of having murdered Frank Stuenenberg, to meet all sorts and conditions of allegations. The state was allowed through Or chard to bring in something about an alleged attempt to wreck a train and of course this defendant was held up as the guilty party. "Was it immaterial for us to show that the attempt was made and com municated by detectives in the em ploy of the railway company and the Mite Owners', association? I think not. Neither is it incompetent for us to show that the men who perpetrated tne crime merely wanted to create an impression or appearance of a train wreck so as to trump up another charge against the Western Federa tion of Miners." As to the Bradley explosion claimed by Orchard, Mr. Darrow said It was entirely incompetent to produce evi dence. It was impossible, he said, to show that the Vindicator mine inci dent might have been an accident rather than the result of a plot. Mr. Darrow charged the Indepen dence depot explosion directly to K. C. sterling, the detective of the Mine Owners' association. Three undisput ed witnesses, he declared, had told of seeing Orchard "speak" into Ster ling's room at night on at least 15 occasions. The explosion was a part of the eonspiracy, the attorney asserted; of the men who were "engaged in the laudable act of driving out every man who ever had shown any -sympathy (oatied as o ahth tPag). CHAIN OF EVIDENCE POINTS TO GUILT Hau Says He Committsd No M Rli r But the Testimony is of a Very Contradkiry Nature. Karlsruhe, Germany, July 18.-'The trial of Karl Hau, formerly professor of Roman law in George Washington university, Washington, D. C., on the charge of having murdered his moth er-in-law, Frau Moliter, in Baden Baden, on November 6 of last year, was resumed today. Hau appeared as cheerful and con fident as yesterday. He surprised the court by making important admis sions concerning incidents where he had hitherto refused to speak. When the presiding judge called the hand writing experts to identify Hau's writ ing in the dispatch sent from Paris, calling Frau Molitor to that city, Hau, anticipating the testimony, rose and said if it would expedite the case, he would admit that he wrote the dis patch. The judge inquired whether he had sent it off, but this Hau declined to answer. He also refused to say whether his wife was aware of this message being sent. Philip Uhlig, a merchant of Frpnk fort-on-the-Main, testified that he saw a man on November 6 in theFrankfort railroad station wearing a false beard and mustache. The judge here asked Hau to. put on similar disguises and Uhlig then recognized him as the same man. Anna Leerch, who left Washington with Mr. and Mrs. Hau as maid ser vant, testified that when Hau left London to return to the continent, he cautioned his wife to keep his Lon don address secret. The wife asked if she might write to her mother, and Hau replied: "Of course." C. A. Bratter, a newspaper man of Constantinople, testified that while Hau was in the Turkish capital, he played the role of a man of. wealth, spent money, lavisily, charere. a testified to making a beard for Hau, who had explained that he wanted tc surprise his relatives whom he had not seen in five years. Hau put on the beard in his shop on the night of November 6 and started in the direc tion of the railroad station, carrying his valises. A porter by the name o1 Henschler, of a Frankfort hotel, recog. nized on the witness stand a telegram which Hau gave him addressed to Mrs. Hau in London. Henschler read the telegram at the time and was struck by the request contained there in to keep Hau's address secret. At the evening session the court took up the affidavits of Paris wit nesses. A waiter in the Hotel Regina swore that he heard a lively dispute between Mr. and Mrs. Hau on the day the telegram was sent to Frau Moll. tor. The judge asked Hau if Olga was the cause of his quarrel and Hau leaned forward, evidently intending to answer and then suddenly said he would refuse to answer. The judge warned the prisoner that he had better answer the question. Thereupon Han said that the dispute was, the first in stance when his wife reproached him with being too intimate with her sis ter, Olga. He, however, calmed her, he said, by removing her fears. Olga Molitor was recalled and testified that Mr. Hau gave her a similar version of the affair. Hau, continuing his testi mony, said the dispute was the cause of the sending his' telegram to Frau Molitor to come to Paris immediately. Olga was ill and the reason for this action was that he wanted to get Olga away as soon as possible. The judge pointed out the weakness of his explanation, since Hau had prear ranged the date of Olga's departure only two days distant. Hau replied that he was excited and he did the first thing that suggested itself to his mind. FATAL AUTOMOBILE WRECK One Man is Dead---Two Injured as Re sult of Collision in New York. New York, July 18.-- hile rushing I along at express train speed, two au tomobiles, filled with merrymakers returning from Coney Island, crashed head-on early today upon the dimly lighted Ocean Parkway and as a result one man is dead and two others are 1 fatally injured. The dead man, Thomas F. Donovan of New, York, was impaled upon the spokes of his own machine. The injured are Chapman I Ropes of Morristown, N. J., and an t unidentified man. 3 Donovan's machine carried no lights. Running along at 160 miles an hour, 3 Donovan determined to take the out 3 side of the road. He did not see Chap men Ropes, driving a Powell machine, approaching- in an opposite direction, and running 40 miles an hour. The two machines were upon one another before their drivers realized what hap pened. The crash reduced the ma chines to scrap iron. Donovan was thrown from his machine and the spokes of a broken wheel pierced his breast. Ropes -and his companion were found beneath the wreckage. - Donovan died in the hospital and the physi cians say that the two wounded men probably will die. A third automobile which came flying along the avenue immediately after, nearly collided with the wreckage. Donovan, who was returning from Coney Island, was alone in the car when it crashed into an automobile containing Chapman Ropes of Morris town, N. J., and C. P. Cavanaugh of Boise City, Ida. Ropes was at first thought to be fatally injured, but the physicians said that he would probably recover. Cavanaugh was considerably bruised, but notseriously. '.He return ed to his hotel after the accident. HEAT CLAIMS THOUSANDS Elks' Parade Greatly Marred by Faint ing People. Philadelphia, July 18.-The parade of the Benevolent and. Protective Or der of Elks today was marked during its progress by the prostration from heat of an army of persons estimated by the pollce and hospital authorities at 2,500. The number would havd been greater had it not been for the eventual downpour of a heavy rain. Never has there been such a whole. sale prostration of people in the city. For esix hours the police, ambulances, surgeons and the Red Cross nurses were kept on the run looking after persons who collapsed under the saorching rays of the sun and large ly because of their excellent service but one case resulted fatally. James q.owley, agesd44 years, of this city, died in a hoepital after belng strick en in the street. The other stricken e persons are said to be -in good condi tion, with no prospect of fatal results g The parade ground was on Broad a street for a distance of three miles I north and the same.distance south of s the city hall. The paraders counter S marched the last three miles back to a the-city hail, so that they traversed t. upward of nine miles, yet -few, of -. those overcome by the heat were in r. the line of march. i, Those who succumrber were among s the spectators jammed along the r street in a. solid mass from one end e -of the line to the other. The temper > ature hovered around 90 degrees and e the humidity was excessive, and as a b consequence people sweltered. r, Every attention was given the spec c. tators to see that they were protected, a but it required four hours for the marchers to pass a given point and the eager people stood in the hot sun for two hours or more before the par ade started. The total number in the line of march is conservatively estimated at 20,000 men, with about 125 floats. The grand lodge installed its newly elected officers tonight, at which time it was announced that at a previous session the state..Association of Elks had been given official recognition. This decision on the part of the grand lodge settles a fight that has been waged for two years. The state asso ciation is restricted in its work and may not take up legislative matters or interfere with the executive affairs in the 'subordinate lodges, Its prin cipal work will be along charitable and fraternal lines. The grahd lodge also authorized the charter committee to issue charters to Goldfield and Tonopah, Nevada. VESSELS WILL NOT VISIT BOSTON Boston, Mass., July 18.--Governor Guild, who had written President Roosevelt asking if it would be pos sible to have one or more warships present in the harbor during Boston's old home week celebration, received a letter from President Roosevelt today stating that it would be impossible to divert the vessels from needed prac tice.